TABC Code - Texas Alcoholic Beverage Commission

(e) Repealed by Acts 2005, 79th Leg., ch. 996, Sec. 3.
(f) Repealed by Acts 2005, 79th Leg., ch. 996, Sec. 3.
(g) A conviction may be used for purposes of enhancement under this section or
enhancement under Subchapter D, Chapter 12, but not under both this section and Subchapter D.
(h) This subsection applies only to a person convicted of a second or subsequent offense
relating to the operating of a motor vehicle while intoxicated committed within five years of the date on
which the most recent preceding offense was committed. The court shall enter an order that requires the
defendant to have a device installed, on each motor vehicle owned or operated by the defendant, that uses
a deep-lung breath analysis mechanism to make impractical the operation of the motor vehicle if ethyl
alcohol is detected in the breath of the operator, and that requires that before the first anniversary of the
ending date of the period of license suspension under Section 521.344, Transportation Code, the
defendant not operate any motor vehicle that is not equipped with that device. The court shall require the
defendant to obtain the device at the defendant's own cost on or before that ending date, require the
defendant to provide evidence to the court on or before that ending date that the device has been installed
on each appropriate vehicle, and order the device to remain installed on each vehicle until the first
anniversary of that ending date. If the court determines the offender is unable to pay for the device, the
court may impose a reasonable payment schedule not to extend beyond the first anniversary of the date of
installation. The Department of Public Safety shall approve devices for use under this subsection.
Section 521.247, Transportation Code, applies to the approval of a device under this subsection and the
consequences of that approval. Failure to comply with an order entered under this subsection is
punishable by contempt. For the purpose of enforcing this subsection, the court that enters an order under
this subsection retains jurisdiction over the defendant until the date on which the device is no longer
required to remain installed. To the extent of a conflict between this subsection and Section 13(i), Article
42.12, Code of Criminal Procedure, this subsection controls.
Sec. 49.10. NO DEFENSE. In a prosecution under Section 49.03, 49.04, 49.045, 49.05, 49.06,
49.065, 49.07, or 49.08, the fact that the defendant is or has been entitled to use the alcohol, controlled
substance, drug, dangerous drug, or other substance is not a defense.
Sec. 49.11. PROOF OF MENTAL STATE UNNECESSARY. (a) Notwithstanding Section
6.02(b), proof of a culpable mental state is not required for conviction of an offense under this chapter.
(b) Subsection (a) does not apply to an offense under Section 49.031.
Sec. 49.12. APPLICABILITY TO CERTAIN CONDUCT. Sections 49.07 and 49.08 do not
apply to injury to or the death of an unborn child if the conduct charged is conduct committed by the
mother of the unborn child.
Texas Alcoholic Beverage Code (2009) 267